[HISTORY: Adopted by the Board of Trustees of the Village of Williston
Park 1-21-1980 by L.L. No. 2-1980 (Ch. 6 of the 1975 Code). Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any person working for the village for wages or a salary which is
subject to the withholding of taxes or any independent contractor duly appointed
to render services to the village.
The Mayor, a Trustee, Planning Board member or Zoning Board of Appeals
member, any duly appointed commissioner or deputy commissioner, the Treasurer,
Clerk or Deputy Clerk and any other village officer as defined in the Village
Law.
A.
The village shall save harmless and indemnify all officers
and employees of the village from financial loss and legal expense arising
out of any claim, demand, suit or judgment by reason of alleged past or future
negligence or other act, including intentional acts, by such officer or employee,
provided that such officer or employee at the time damages were sustained
was acting in the discharge of his or her duties and within the scope of his
or her employment and that such damages did not result from a malicious act
or gross negligence of such officer or employee, and provided further that
such officer or employee shall, within five days of the time he or she is
served with any summons, complaint, process, notice, demand or pleading, deliver
the original or a copy thereof to the Village Attorney.
B.
Upon such delivery the Village Attorney or such other
attorney selected by the Board of Trustees may assume control of the representation
of such officer or employee. Such officer or employee shall cooperate fully
with the legal defense conducted by the Village Attorney.
This chapter shall not in any way impair, limit or modify the rights
and obligations of any insurer under any policy of insurance.
The benefits of this chapter shall inure only to officers and employees
of the village and shall not enlarge or diminish the rights of any other party.
